Transition to GST
Every business is waiting to make the transition to the new laws under GST as we get closer to the appointed day. Taxpayers already registered under VAT/Service tax also need to register under GST. Each entity registered under the previous indirect tax laws shall get a certificate of registration on the provisional basis.
This certificate issued would be valid for a period of 6 months. Businesses having a turnover of more than Rs 20 Lakhs have to get registered mandatorily under GST. Small businesses can either opt for composition scheme or they can get voluntarily registered under GST.
All invoices have to be uploaded online, according to the GST Model Law. The process of deduction, payment, and refund of indirect taxes under GST would be carried out electronically.
Every business should have a fully computerized office for ease of compliance under GST. We have various articles explaining the need/process of registration for all different kind of businesses.
Input tax credit claimed in the return filed under previous laws for the period prior to the appointed day (1 July 2017) would be transferred to the electronic credit ledger. Existing manufacturers/dealers can claim the CENVAT credit in respect of input held in stock, semi-finished or finished goods held in stock if the following conditions are satisfied-:
Such inputs and/or goods are used or intended to be used for making taxable supplies under GST;
The said taxable person passes on the benefit of such credit by way of reduced prices to the recipient;
The said taxable person is eligible for input tax credit on such inputs under GST;
The said taxable person is in possession of invoices and/or other prescribed documents evidencing payment of duty under the earlier the law in respect of such inputs;
Such invoices and/or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day;
The supplier of services is not eligible for any abatement under GST.
Input tax credit can be claimed by the manufacturer/dealer only for those goods received after the appointed day, the tax on which has already been paid under previous law. Above credits would only be allowed if the invoice/tax paying document is recorded in the accounts of such person within thirty days of the appointed day. A thirty-day extension may be granted by the competent authority on grounds of sufficient cause for delay.
Any claims/appeals pending for the refund on the due amount of CENVAT credit, tax or interest paid before the appointed day shall be disposed of according to the previous laws.
Inputs, semi-finished goods removed for job work for carrying certain processes and returned on or after the appointed date
In case any inputs or semi-finished goods had been removed before the appointed date from the factory of the manufacturer and sent to a job worker for carrying further processing, testing, repair or for a similar purpose, and the same is received on or after the appointed date, no tax shall be payable if the following conditions are satisfied:
Underlying goods are returned to the factory within 6 months from the appointed date (extendable for a maximum period of 2 months).
Declaration of the goods held by job worker is done in specified form and manner
Supply of semi-finished goods is done only on payment of tax in India or the goods are exported out of India within 6 months from the appointed date (extendable by not more than 2 months).
Finished goods removed before appointed date for carrying certain processes and returned on or after the appointed date
In case any excisable goods had been removed without payment of duty for carrying out tests or other processes not amounting to manufacture, no tax shall be payable if the following conditions are satisfied:
Underlying goods are returned to the factory within 6 months from the appointed date (extendable by not more than 2 months)
Declaration of the goods held by job worker is done in specified form and manner.
Supply of finished goods is made only on payment of tax in India or the goods are exported out of India within 6 months from the appointed date (extendable by not more than 2 months)
If the underlying inputs, semi-finished goods or finished goods are not returned within 6 months or extended period, input tax credit shall be recovered respectively.
Credit Distribution by ISD
In the case of services received prior to the appointed date AND invoices received on or after appointed date, transition provisions will apply. ISD will be eligible to distribute input tax credit under GST.
Credit of eligible duties and taxes on inputs held in stocks switching over from composition scheme to a taxable person Taxpayers registered under composition scheme in the current tax regime will be allowed to take credit of input held in stock, or in semi-finished goods or in finished goods on the day immediately preceding the date from which he opts to be taxed as a regular taxpayer, subject to certain conditions.